Legal Question in Wills and Trusts in New York

Will copy good as Original?

FACTS: Unclaimed property in my stepfathers name. My mother died and I am named in will to recieve half.

Q. Can I claim property using a copy of the will?

A. Maybe. Depends on whose will it was. If your step-dads, then depending on the value of the estate, you might be able to get the property. It might require probate thru the court. If so, you would have to prove the original was lost/destroyed. You could contact the person who drafted the will for help.

If this will was your mother's, then probate is a certainty with the same proof problems.

Re: unclaimed property

If you know of unclaimed property in your stepfathers name, the first question is who were the heirs to that estate. If it all went to your mother, then you would stand to get some of it now that your mother has passed on. You probably will not get it with only "a copy of the will." It will more likely take an order of the probate court. You need to speak with a probate lawyer and I might start by speaking with the attorney who handled your stepfather and/or mothers estate. Send me an e-mail if you have any questions. [email protected].